HO refused my tier 1 app without any valid reason

noajthan wrote:

ali31 wrote:Hello all

... HO said that I have not provided bank statement that provide evidence of director loan and I also had some employees hours issue.

...

seen it from earlier posts (under another topic)
"No interview. I am really trying to understand why they refused my visa application. Their reasons does not justify their own decision.

They said my employees hours are not equivalent to two full time positions. They mentioned that the total hours are 2740 hours instead of 3120 hours. They haven't given any reason why they didn't include all hours. REALLY NO REASON! I submitted RTI, payslips, P11, P45, P30s and accountant letter. My total employees hours are 3204.

Second refusal reason, they said I have only invested £34K. Whereas I have spent £22K more in addition to £34K. I also included director loan certificate (which they acknowledged in the letter) and accountant letter.

They have acknowledged employees, RTI, director loan and yet they rejected my application without any reason" [COPIED]

New Application has the effect of invalidating the admin review by virtue of Section 3C.

Posts merged.

ali31 wrote:Hello all

I received refusal letter on 12th August. I applied for AR on 24th August. HO said that I have not provided bank statement that provide evidence of director loan and I also had some employees hours issue. I consulted with another solicitor and he suggested me to make a fresh application because in AR they do not accept new evidence. I made a fresh application on 12th Sept. HO deducted my application fees on 15th Sept. Today I received AR refusal letter dated 20th Sept. In my fresh application I have written that I want to withdraw my AR but looks like they didn't read.

I rang HO they said my fresh application case is open. Can anyone suggest me what to do now? I was hoping that they will withdraw AR.

I think you dont have to worry about this because when you apply for new application (with in 28 days of AR expiry) then your admin review will be automatically withdrawn. In your case you applied for AR on 24th and submitted new application on 12th sept and fee deducted on 15th sept, it looks that they refused AR because in the system your new application has not updated yet and the case worker who refused the AR is not aware that you have already submitted new application otherwise he might have withdrawn the AR. You can now take this AR refusal as null and void because it has no value due to your new application which has already started the process in time. HO has mentioned the same when you called them, finger crossed hope for the best and please do update the forum as soon as you get a reply. All the best and hope this tension will over soon...all prays are with you.

awan905 wrote:

ali31 wrote:Hello all

I received refusal letter on 12th August. I applied for AR on 24th August. HO said that I have not provided bank statement that provide evidence of director loan and I also had some employees hours issue. I consulted with another solicitor and he suggested me to make a fresh application because in AR they do not accept new evidence. I made a fresh application on 12th Sept. HO deducted my application fees on 15th Sept. Today I received AR refusal letter dated 20th Sept. In my fresh application I have written that I want to withdraw my AR but looks like they didn't read.

I rang HO they said my fresh application case is open. Can anyone suggest me what to do now? I was hoping that they will withdraw AR.

I think you dont have to worry about this because when you apply for new application (with in 28 days of AR expiry) then your admin review will be automatically withdrawn. In your case you applied for AR on 24th and submitted new application on 12th sept and fee deducted on 15th sept, it looks that they refused AR because in the system your new application has not updated yet and the case worker who refused the AR is not aware that you have already submitted new application otherwise he might have withdrawn the AR. You can now take this AR refusal as null and void because it has no value due to your new application which has already started the process in time. HO has mentioned the same when you called them, finger crossed hope for the best and please do update the forum as soon as you get a reply. All the best and hope this tension will over soon...all prays are with you.

@Obie Thank you.

@awan Thank you very much. Prayers are much needed now. My application was solid, my solicitor made serious mistakes in my application and the worst part is they didn't show me my application and submitted to HO. It's my mistake I trusted them. Sometimes you learn lessons hard way and I have to accept that.

I have another question, will my continuous residence break after AR or application refusal?

ali31 wrote:

awan905 wrote:

ali31 wrote:Hello all

I received refusal letter on 12th August. I applied for AR on 24th August. HO said that I have not provided bank statement that provide evidence of director loan and I also had some employees hours issue. I consulted with another solicitor and he suggested me to make a fresh application because in AR they do not accept new evidence. I made a fresh application on 12th Sept. HO deducted my application fees on 15th Sept. Today I received AR refusal letter dated 20th Sept. In my fresh application I have written that I want to withdraw my AR but looks like they didn't read.

I rang HO they said my fresh application case is open. Can anyone suggest me what to do now? I was hoping that they will withdraw AR.

I think you dont have to worry about this because when you apply for new application (with in 28 days of AR expiry) then your admin review will be automatically withdrawn. In your case you applied for AR on 24th and submitted new application on 12th sept and fee deducted on 15th sept, it looks that they refused AR because in the system your new application has not updated yet and the case worker who refused the AR is not aware that you have already submitted new application otherwise he might have withdrawn the AR. You can now take this AR refusal as null and void because it has no value due to your new application which has already started the process in time. HO has mentioned the same when you called them, finger crossed hope for the best and please do update the forum as soon as you get a reply. All the best and hope this tension will over soon...all prays are with you.

@Obie Thank you.

@awan Thank you very much. Prayers are much needed now. My application was solid, my solicitor made serious mistakes in my application and the worst part is they didn't show me my application and submitted to HO. It's my mistake I trusted them. Sometimes you learn lessons hard way and I have to accept that.

I have another question, will my continuous residence break after AR or application refusal?

Thanks for the comments and I have had same issue which you had by fully trusting on solicitor. I am also going for new application instead of AR because of missing document, which I will attach now. After refusal I meet number of solicitor and asked this question about continuous residency, all of them said same thing that as long as I apply for AR or new application with in time frame which is 14 days plus 28 days then I will not be having any issue because I will be covered under 3C. Let say if I go for JR and if that gets refused then it will affect. Same is in you case, though your submitted the AR but you also submitted the new application with in time frame of 14 days plus 28 days so you are perfectly fine.

I need to ask you a question, did home office retain all of your document when they refused the application and only sent refusal letter and when you submitted the new application did you attach all the paperwork again along with additional documents? because in my case home office did not return any thing except refusal letter.

awan905 wrote: I need to ask you a question, did home office retain all of your document when they refused the application and only sent refusal letter and when you submitted the new application did you attach all the paperwork again along with additional documents? because in my case home office did not return any thing except refusal letter.

I have received all documents except passports. I sent most of the documents i.e. bank statements, wage slips, p11, p45, director loans, last years accounts, interim accounts, RTI, business insurance and there were couple more.

ali31 wrote:

awan905 wrote: I need to ask you a question, did home office retain all of your document when they refused the application and only sent refusal letter and when you submitted the new application did you attach all the paperwork again along with additional documents? because in my case home office did not return any thing except refusal letter.

I have received all documents except passports. I sent most of the documents i.e. bank statements, wage slips, p11, p45, director loans, last years accounts, interim accounts, RTI, business insurance and there were couple more.

Thanks for the update and this is quite strange because in my case they only sent the refusal letter and kept the rest.I dont know why they did this, because